California Solar Permitting Guidebook

Transcription

1 California Solar Permitting Guidebook Improving Permit Review and Approval for Small Solar Systems Fall 2014 Second Edition Developed by: Solar Permitting Task Force Governor s Office of Planning and Research Office of Governor Edmund G. Brown Jr.

2 California Solar Permitting Guidebook Improving Permit Review and Approval for Small Solar Systems Governor s Office of Planning and Research Office of Governor Edmund G. Brown Jr. Project Managers Claudia Eyzaguirre, Center for Sustainable Energy Jeffrey Mankey, Governor s Office of Planning and Research Lead Contributors California Building Standards Commission California Department of Housing and Community Development California State Fire Marshal California Solar Energy Industries Association (CALSEIA) City of Los Angeles Mar Structural Design Center for Sustainable Energy Published fall 2014 Second edition Partial funding from the U.S. Department of Energy, SunShot Initiative

3 STATE OF CALIFORNIA GOVERNOR S OFFICE of PLANNING AND RESEARCH EDMUND G. BROWN JR. GOVERNOR KEN ALEX DIRECTOR 16 December, 2014 The Governor s Office of Planning and Research is pleased to release this second edition of the California Solar Permitting Guidebook. This updated document builds on the 2012 first edition, with changes made in order to reflect the 2013 California Building Code and other new requirements. The second edition also incorporates new guidance for structural permitting of certain solar installations, an inspection guide, and a simple eligibility checklist for expedited permitting. This update will help address the requirements of the Solar Permitting Efficiency Act (Assembly Bill 2188, [Muratsuchi, 2014]), signed into law by Governor Brown in September, which requires local governments to adopt an administrative ordinance creating an expedited permit process for rooftop solar installations under 10 kilowatts. Under that law, the local ordinance needs to provide a process that substantially conforms to that set forth in this Guidebook. The expedited process provided in Sections 3 and 4 of this Guidebook is accompanied by templates that can be easily modified and adopted, and which will ensure standardization, safety, and compliance for systems which meet the eligibility criteria. The term substantially conform is intended to allow local governments flexibility to address local issues and considerations while still meeting the goal of streamlining and standardizing solar permitting. The statute specifically authorizes modification of the Guidebook process, if necessary, due to unique climatic, geological, seismological, or topographical conditions. This specific authorization is not intended to preclude other modifications, as long as the overall process substantially conforms. For example, substantial conformance allows modifications that may be needed to reflect the operational or planning concerns of local fire departments. The bill specifically requires cities and counties to consult with their local fire departments or districts when developing the ordinance, and modifications should be made as necessary to reflect local variation in these areas. While the cost of solar hardware has declined significantly over the past several years, the soft costs including permitting have remained high, in part due to difficult and widely varying permitting requirements in different jurisdictions. The expedited permitting process laid out in this Guidebook has been crafted to greatly improve the uniformity and ease of permitting for most residential solar installations. The improved ease and cost of obtaining a permit will make rooftop solar more accessible to California residents, and make our electricity cleaner. Sincerely, Ken Alex Director, Governor s Office of Planning and Research Senior Advisor, Office of California Governor Edmund G. Brown, Jr th Street P.O. Box 3044 Sacramento, California (916) FAX (916)

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5 TABLE OF CONTENTS PREFACE...4 ACKNOWLEDGMENTS...5 PURPOSE AND USE OF THIS GUIDE Part 2 Part 3 Part 4 Part 5 Part CURRENT LAWS, REGULATIONS AND CODES...8 State Code Requirements...8 Limits on Local Modifications...8 Permit Fees...10 THE PROJECT APPROVAL PROCESS...12 Permit Application and Plan Review...12 Site Inspection...15 Local Utility Approval (Solar PV systems only)...15 RECOMMENDATIONS FOR EXPEDITED PERMITTING FOR SMALL PV SYSTEMS...18 PV Toolkit for Local Governments ) Submittal Requirements Bulletin Solar Photovoltaic Installations 10 kw or Less in One- and Two-Family Dwellings ) Eligibility Checklist for Expedited Solar Photovoltaic Permitting for One- and Two-Family Dwellings ) Solar PV Standard Plan Simplified Central/String Inverter Systems for One- and Two-Family Dwellings ) Solar PV Standard Plan Simplified Microinverter and ACM Systems for One- and Two-Family Dwellings ) Structural Criteria for Residential Rooftop Solar Energy Installations ) Memorandum of Understanding (MOU) Regarding Solar Photovoltaic Plan Review and Inspection Services ) Inspection Guide for PV Systems in One- and Two-Family Dwellings...57 RECOMMENDATIONS FOR EXPEDITED SOLAR THERMAL INSTALLATIONS...65 (Under development) RESOURCES AND INFORMATION...66 Understanding the Code...66 Glossary...79 Additional Resources...81

6 PREFACE California is a world leader in renewable energy generation. Solar and wind power, as well as emerging technologies such as biomass and fuel cells, are transforming California. Renewable energy is helping to power the state s economy, reducing our state s reliance on imported energy sources and decreasing air pollution. California s state and local governments have set aggressive goals to expand renewable energy. In 2011, California adopted a Renewable Portfolio Standard (RPS) requiring that at least one-third of the state s electricity come from clean energy sources by Many local governments also have their own targets for renewable energy. Additionally, Governor Edmund G. Brown Jr. has set a specific goal of developing 12,000 megawatts of small-scale, localized renewable electrical power (often called distributed generation ) in California by Small-scale renewable energy benefits California communities. It increases energy reliability for residents and businesses by generating electricity near where it is consumed. This type of energy can also provide stable electricity prices for consumers and creates thousands of jobs across California. In order to expand small-scale renewable energy across California, Governor Brown instructed the Governor s Office of Planning and Research (OPR) to help remove barriers to its development. One such barrier is the patchwork of permitting requirements for small solar installations throughout the state. Solar energy systems have been installed in California for decades, and their technology, as well as the methods to install and maintain them, is well established. As a result, permitting for these small and simple solar projects should be as simple and standardized as possible. The first California Solar Guidebook was published in 2012, the result of a collective effort of stakeholders from local government, the building industry, professional associations, solar companies, utility providers and state regulatory agencies. Many local permitting agencies adopted practices and standard documents outlined in the Guidebook. These practices made installing solar less expensive and increased expansion of this technology in California. Despite these improvements, however, costs to permit solar are still higher than necessary. Increased solar adoption has inundated many jurisdictions with permit applications and inspection requests. Solar technologies have changed, new laws have been passed and codes have been revised. This second edition of the Guidebook addresses those changes, improves upon the recommended process for expedited permitting of solar PV systems, and adds information about solar thermal systems. 4 California Solar Permitting Guidebook

7 ACKNOWLEDGMENTS This Guidebook was developed in collaboration with the following individuals and organizations. Ken Alex, Jeff Mankey Jennifer Alfsen George Apple Mark Baldassari Misha Balmer, Alan Fields, Hilary Pearson Bill Brooks Larry Brugger Steve Burger Emilio Camacho, Elli Harland Claudia Cappio, Shawn Huff, Kyle Krause, Richard Weinert, Emily Withers Nicholas Chaset Val Anderson, Daniel Chia, Michael Galvez, Hilary Wall, Rick Hanson Sachu Constantine, Claudia Eyzaguirre, Tamara Gishri Jason Crapo Wade Crowfoot Andy Davidson Bernadette Del Chiaro Tom Enslow Gary Gerber Sharon Goei Mark Goodman Pete Guisasola Daniel Hamilton Alison Healy Andrew Henning, Kevin Reinertson, Mike Richwine Tonya Hoover Don Hughes Peter Jackson Mostafa Kashe Janice Kluth Suzanne Korosec, Sherrill Neidich, Le-Quyen Nguyen Sheila Lee Brian Leong Greg Magofna and Sarah Moore Jeff Mathias Tom McCalmont Ed Murray Jim McGowan, Michael Nearman, Enrique Rodriguez Les Nelson Kimberly Martin, Stephanie Nicholas, Vince Nicoletti Susan Oto Matthew Paiss Rhonda Parkhurst Vance Phillips Michael Quiroz Bob Raymer Patrick Redgate Rick Renfro Glenn Schainblatt Bill Stewart John Taecker Theresa Townsend Brandon Treloar Shannan West Scott Wetch Larry Williams John Wolfe Osama Younan, Behzad Eghtesady Thomas Yurysta Robert Woods Eddie Bernacchi Brandon Carlson Adam Gerza Governor s Office of Planning and Research Solar Nexus CSD Solar Leo Patnode Enphase Energy Sungevity Brooks Engineering International Code Council City of Folsom California Building Officials (CALBO) California Energy Commission Department of Housing and Community Development California Public Utility Commission SolarCity Center for Sustainable Energy Contra Costa County Governor s Office Unirac CALSEIA Adams Broadwell Sun Light and Power City of Walnut Creek CLEE Bureau Veritas ABAG City of San Francisco CalFire State Fire Marshal Santa Clara County City of Bakersfield Los Angeles County City of Chula Vista California Energy Commission City of Santa Clara City of Fresno City of Berkeley Synergy Solar McCalmont Engineering Aztec Solar Building Standards Commission IAPMO San Diego County Sacramento Municipal Utility District San Jose Fire Department City of Palo Alto City of San Ramon 3rd Wave Consulting California Building Industry Association Ameco Solar City of Elk Grove City of Sebastapol Solar Craft Underwriters Laboratories Division of the State Architect Walker Wright Sunrun GO Biz Carter, Wetch and Associates Steel Framing Industry Association Mar Structural Design City of Los Angeles Optony City of Concord National Electrical Contractors Association New Day Solar Sullivan Solar California Solar Permitting Guidebook 5

8 PURPOSE AND USE OF THIS GUIDE This Guidebook is designed to help local governments and their permitting agencies improve permitting of small solar energy systems. It is also designed to help building owners and solar installers navigate permitting as efficiently as possible. Practices recommended in this Guidebook apply to permitting agencies of all sizes. The Guidebook is also written for permit applicants with all levels of expertise. The Guidebook is organized into five main sections. 1 Part 2 Part 3 Part 4 Part 5 Part CURRENT LAWS, REGULATIONS AND CODES: This section explains current legal requirements for solar installations in California. THE PROJECT APPROVAL PROCESS: This section describes important aspects of permit review and project inspection. RECOMMENDATIONS FOR EXPEDITED LOCAL SOLAR PERMITTING: These sections recommend a streamlined local permitting process for small, simple solar PV and solar thermal installations, and provide standard forms that can be used to streamline permitting. RESOURCES AND INFORMATION: This section provides informational materials that can help local governments clarify current state requirements for all solar installations. The Guidebook concludes with a glossary of terms and a list of helpful information sources for local governments and permit applicants. This Guidebook focuses on the permit review and approval to install a rooftop solar system. It does not address zoning, land use approvals or environmental review that may be required for larger solar projects. This Guidebook addresses both solar photovoltaic (PV) and solar hot water heating (solar thermal) technologies. These technologies have many fundamental similarities, as well as several important differences. Where requirements are discussed that apply to only one of these technologies, the text will note this. In the course of the Guidebook, several types of solar installation are discussed, including systems on residential and commercial building rooftops, in parking lots and on parking structures and mounted on the ground. It is important to note that each installation type has a certain set of installation requirements. In addition, rooftop installations have some differing requirements depending whether they are installed on a commercial or residential building. The Toolkit section of this Guidebook recommends an expedited permitting process for simple PV systems 10 kw or less and a process for solar thermal systems 30 kwth or less. An expedited permitting process refers to streamlining the permit process for simple, typical solar installations so that permits can be issued in an over 6 California Solar Permitting Guidebook

9 the counter or similar manner. This Guidebook uses the terms expedited and streamlined synonymously. These thresholds capture approximately 90% of the solar systems that are currently being installed. Above this size threshold, a system s design considerations become more complex. Assembly Bill 2188 (2014, Muratsuchi) requires jurisdictions to adopt an expedited permitting process that substantially conforms with that laid out in Parts 3 and 4 of this Guidebook. Jurisdictions may modify these documents as specified and should review these sections of the Guidebook for a more detailed discussion of this process. An electronic version of this Guidebook that includes clickable links to Internet resources can be found on the websites of several California entities: The Governor s Office of Planning and Research, California Building Standards Commission, Office of the State Fire Marshal, California Department of Housing and Community Development and Center for Sustainable Energy. California Solar Permitting Guidebook 7

10 1 Part CURRENT LAWS, REGULATIONS AND CODES State Code Requirements California s state building codes provide uniform requirements for buildings throughout the state. These requirements are contained in Title 24 of the California Code of Regulations (CCR). The CCR is divided into 28 separate titles based on subject matter or state agency authority. Title 24 is the 24th title within the CCR and is reserved for state regulations that govern the design and constructions of buildings, associated facilities and equipment. These regulations are also known as the state s building standards. Title 24 applies to all building occupancies and related features and equipment throughout the state. It contains requirements for a building s structural, mechanical, electrical and plumbing systems, in addition to measures for energy conservation, sustainable construction, maintenance, fire and life safety and accessibility. A common misunderstanding is that Title 24 relates only to energy conservation. In fact, it covers a much wider range of requirements for buildings. Specific areas within Title 24 identify certain requirements for solar PV installations such as the California Electrical Code, the California Building Code and the California Residential Code (which applies to residential buildings of one or two units). State regulations should not be confused with state laws enacted through the legislative process. State regulations are adopted by state agencies where necessary to implement, clarify and specify requirements of state law. The California Building Standards Commission and the other state adopting agencies review the codes and update Title 24 as appropriate. Title 24 is updated every three years. Several portions of Title 24 govern installation of a solar energy system. California Building Code, Title 24, Part 2 California Residential Code, Title 24, Part 2.5 (One- and Two-family dwellings) California Electrical Code, Title 24, Part 3 California Energy Code, Title 24, Part 6 California Fire Code, Title 24, Part 9 The intent of this Guidebook is to provide consistent interpretation of these Title 24 requirements throughout the state. This Guidebook is not intended to create, explicitly or implicitly, any new requirements. While current Title 24 requirements establish several legal standards for installation of solar energy installations, Title 24 may be amended through the state s code update process to further clarify requirements for solar PV installations. Updated information regarding new code requirements, as well as the code updating process, is available on the California Building Standards website. Limits on Local Modifications Building Codes Cities and counties in California are required by state law to enforce Title 24 building standards. However, cities and counties may adopt local laws (also called ordinances ) to modify these state building standards under limited circumstances because of local climatic, geological or topographical conditions. This limited allowance means that a city or county may have local ordinances that modify or add to the provisions of Title 24 for solar PV systems. The California Building Code (Sections and ) outlines the specific findings that a city or county must make for each amendment, addition or deletion to the state building codes. 8 California Solar Permitting Guidebook

11 Cities, counties and local fire departments file these local amendments to the state building code with the California Building Standards Commission. Findings that are prepared by fire protection districts must be ratified by the local government and are then filed with the California Department of Housing and Community Development. PLANNING AND ZONING REQUIREMENTS California s cities and counties have authority to adopt laws that govern local land use. Local governments typically enforce their own general plans and other comprehensive plans that guide development in their communities and then adopt local ordinances and zoning regulations to enforce these plans. Local governments generally can adopt local laws regarding where certain land uses, such as large commercial energy generation, can be located within their communities. A more detailed conversation regarding land use and zoning for solar projects is addressed in a 2012 guide produced by the California Planning Directors Association (CPDA), which is referenced in the Resources section of this Guidebook. This guide recommends several steps to streamline land use decisions regarding solar energy. REQUIREMENT TO ADOPT AN EXPEDITED PERMITTING PROCESS FOR SMALL ROOFTOP SOLAR Assembly Bill 2188 (Muratsuchi, 2014) requires local governments to adopt an administrative ordinance that creates a streamlined permitting process for small rooftop solar system installations on or before September 30, It also limits the number of inspections that may be required. These requirements are applicable to solar energy systems that 1. Are no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal 2. Conform to all applicable state fire, structural, electrical and other building codes as adopted or amended by the city, county or city and county and paragraph (3) of subdivision (c) of Section 714 of the Civil Code 3. Are installed on a single-family or duplex family dwelling 4. Do not exceed the maximum legal building height as defined by the authority having jurisdiction The law also requires that this streamlined process substantially conform to the permitting process laid out in this Guidebook. See Parts 3 and 4 of this Guidebook for an explanation of this process. Finally, the law sets limits on the cost and efficiency impacts that homeowner associations may have on proposed solar projects. The full text of this bill can be found here. RESTRICTIONS TO LOCAL LIMITS ON SOLAR ENERGY Where solar energy is generated for on-site use, state law clearly limits local governments ability to unreasonably prohibit solar systems. The following state laws place limits on local regulation of solar energy systems. California Solar Rights Act The California Solar Rights Act is a state law, passed in 1979, that elevates the timely and cost-effective installation of solar energy systems as a matter of statewide importance. The law establishes the right of homeowners and businesses to access sunlight in order to generate solar energy, limits the ability of local governments and homeowner associations (HOAs) to prevent the installation of solar systems and prohibits a public entity from receiving state funding for solar energy programs if it unreasonably restricts the installation of solar energy systems. The act s preamble provides the overarching intent of the act by stating: Part 1: Current Laws, Regulations and Codes 9

12 It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems. The Solar Rights Act also requires that local governments use an administrative, nondiscretionary review process for on-site solar energy systems. As indicated above, no restrictions related to visual or aesthetic concerns are permitted. Section (c) of the act also prohibits local governments from denying a use permit for a solar energy system... unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Specific requirements of the Solar Rights Act have been refined through a series of court cases in recent decades. For a more detailed understanding of specific legal requirements of this act, please consult a report completed by the Energy Policy Initiatives Center at the University of San Diego School of Law, which is detailed in the Resources section at the end of this Guidebook. Requirements of the Solar Rights Act are contained in the following sections of California law: California Civil Code, Sections 714 and 714.1; California Civil Code, Sections 801 and 801.5; California Government Code, Section ; California Health and Safety Code Section ; California Government Code, Sections and California s Solar Shade Control Act California s Solar Shade Control Act, enacted in 1978, is a state law intended to protect solar systems from being shaded from sunlight by neighboring trees or buildings. A 2008 amendment of this act limits the application of this law to situations in which a neighbor receives a notice that a solar energy system will be installed that they might shade if they plant trees or remodel their building. Requirements of the act are contained in California Public Resources Code, Sections through CEQA Exemption for Certain Solar Installations Senate Bill 226, passed in 2011, is a state law establishing that certain solar energy systems are exempt from environmental review under the California Environmental Quality Act (CEQA). To qualify under this statutory exemption, a solar energy project must be located on the roof of either an existing building or on an existing parking lot. SB 226 makes clear the legislative intent that rooftop and parking lot solar projects do not require in-depth environmental review. This CEQA exemption is contained in Section of the Public Resources Code. Permit Fees Current state law requires that fees charged by a local enforcing agency for permit processing and inspection cannot exceed the reasonable cost of providing the service for which the fee is charged. In other words, fee revenue must only be used to defray the cost of permit processing and enforcement and cannot be used for general revenue purposes. These requirements are contained in Government Code Section , Government Code Section and State Health and Safety Code Section California Solar Permitting Guidebook

13 Government Code Section further sets specific limits on the amount local enforcing agencies can charge for solar PV permit fees. Fees in excess of these limits must be explicitly justified and are prohibited unless the municipality determines that it has already adopted a streamlined permit approval process. Permit Fee Limits for PV Residential Commercial 15 kw or less $ kw or less $1000 More than 15 kw $500 + $15 per kw above kw 250 kw $ $7 per kw above 50 kw $ $5 per kw above 250 kw More than 250 kw While some local governments have yet to comply with these laws, other local governments have reduced or even waived fees to install solar systems, recognizing the many benefits created by expansion of solar energy in their communities. Part 1: Current Laws, Regulations and Codes 11

14 2 Part THE PROJECT APPROVAL PROCESS Securing approval for a solar energy project involves several basic steps. First, a permit application is submitted to a local permitting agency, known within government as the enforcing agency and reviewed by that agency. Typically, a permit is submitted on behalf of a building owner by the contractor installing the solar energy system. Once the permit application is approved, the applicant has permission to build the solar installation. After the solar installation is constructed, it is inspected by the enforcing agency to ensure it complies with applicable building codes and local ordinances. Each of these steps is described in more detail below. STEPS FOR PERMIT REVIEW AND APPROVAL Local Enforcing Agency Review Submit permit application and materials Permit review and approval Construction of solar PV system Site inspection and final approval Local Utility Approval Submit request to interconnect the solar installation to the local electricity grid Site inspection and interconnection approval For solar PV installations, during the local agency project approval process the permit applicant should also contact the local utility provider to request permission to connect the solar installation to the local distribution grid. The solar PV system cannot be turned on until approval is granted by both the local agency and the local utility. Well-informed solar installers and knowledgeable, well-trained local agency staff are critical to achieve an efficient permit approval process. Please consult the Resources section of this Guidebook for information on training available to both solar contractors and agency staff. Effective training is one of the most important steps that local governments and the solar industry can take to ensure efficient permitting. Permit Application and Plan Review This section explains the permit review process for solar energy installations and common issues that must be addressed to minimized unexpected delays in the permit review process. Enforcing Agency Review The first step to build a solar installation requires applying for a permit to construct the installation from the local enforcing agency, which is most often the local building department. Each local enforcing agency is organized slightly differently, but all have an established process for receiving, reviewing and approving permits. 12 California Solar Permitting Guidebook

15 The local agency enforces all Title 24 requirements from the state as well as any local requirements on solar energy installations. In many cases, the local agency must interpret how state requirements apply to certain buildings. The enforcing agency must verify that the installation complies with structural requirements and for solar PV installations must verify that it meets electrical requirements and applicable fire safety ratings. Each of these areas is discussed in detail. Structural Requirements Installation of a solar energy system on the roof of a structure adds weight to the structure, commonly referred to as dead load. This additional weight must be accounted for to ensure that the building can safely bear the weight of the solar installation. In new construction, this additional load is usually addressed easily and at very little cost. Where a solar system is added to existing buildings, the cost and complexity of adding weight to the roof vary depending on the structure of the building and roof. Solar panels also may impose loads generated by seismic forces and, in some areas, by snow accumulation. Solar panels must also resist wind forces. The California Building Code and California Residential Code contain specific tables that determine the required size and spacing of structural support for a roof according to assumed design loads based on roof covering, roof slope and snow loads. These specific tables do not address structural support that is required for additional equipment on rooftops such as PV systems. Roof structures are also designed to carry temporary construction loads, termed roof live loads, in addition to the self-weight of the structure. Solar arrays, if installed close to the roof surface, displace roof live loads such as workers and bundles of shingles. This displacement of roof live load creates reserve load-bearing capacity that can be used to justify additional dead and wind loads from solar arrays. This approach is the basis of the Structural Toolkit on page 31 that enables over-the-counter permitting for prequalified systems without requiring project-specific structural calculations. Building codes do provide design criteria that an engineer or architect can use to calculate the required structural support required for additional loads on rooftops, such as solar energy systems. The Solar Guidebook s Structural Toolkit suggests criteria for when a licensed engineer or architecture may need to be consulted when adding solar arrays to a roof structure and when a prequalified system does not require project-specific structural calculations. By reviewing a jurisdiction s expedited procedures, permit applicants can learn when the local enforcing agency specifically requires the services of a licensed engineer or architect to verify proposed plans for a solar energy system, and when the jurisdiction has an alternate method that waives such requirements. Electrical Requirements (Solar PV systems only) Individual components of solar PV systems must comply with the California Electrical Code (CEC). This requirement applies to several system components, including but not limited to the installation s panels, modules, wire, inverters, connectors and disconnects. The CEC requires these components in the solar PV system to be identified and listed for the application. It is important to ensure that the solar system s components are listed within a product standard that covers the proposed use. Currently, no complete system listings exist for solar installations, but rather system listings exist for a solar PV installation s individual components. Components that are identified and listed for solar PV installation application must be installed in accordance with both the California Electrical Code and the manufacturers installation instructions. Solar PV systems that use components listed for the application and are properly designed and installed constitute a code-compliant system from an electrical standpoint. Part 2: The Project Approval Process 13

16 In some circumstances, a professional electrical engineer may be required to design the electrical portion of the proposed solar PV system. The enforcing agency determines if this is necessary based on the complexity of the system. In many cases, an electrical engineer is not required, as licensed contractors are capable of completing the necessary sizing calculations and can specify the components needed to make smaller systems work safely and properly. The California Electrical Code requires that portions of electrical systems, including solar PV systems, should only be accessed by qualified persons. This rule is intended to ensure that only people who have training or understand relevant hazards are allowed in certain areas of an electrical installation. Fire Classification, Safety and Roof Access and Pathway Requirements (Solar PV systems only) Buildings in California may be required to have a fire resistant roof covering, depending on the type of construction, occupancy or geographical location of the building. The California Building and Residential Codes recognize three fire resistant roof ratings: Class A, B and C. These ratings are established through specific testing methods based on the ability of the roof covering to withstand fire that comes from a source on top of the roof structure. Roof materials with Class A fire resistance rating can withstand a high exposure to fire without allowing penetration or ignition of the structure, while Class B and C materials have lesser ability to withstand fire. California statutorily requires all roof materials installed on buildings throughout state to have a minimum Class C rating. Beginning in 2015, solar panels must have a fire resistant rating that conforms to the fire rating of the roof beneath. 1 The installation of solar PV systems must also allow for fire department smoke ventilation operations. The California Building, Residential and Fire Codes outline the requirements for a roof access point and clear access pathways along the roof (for more detail on these requirements see the Code Bulletin in the Reference Toolkit). The installation of solar PV systems may be subject to additional provisions adopted by the local enforcing agency. Fire Service Approval (Solar PV systems only) Permits for solar PV installations are reviewed to ensure compliance with fire safety requirements. In many communities, the enforcing agency coordinates directly with the fire department to ensure fire safety of PV projects and the permit applicant does not have any direct contact with the fire department. In some areas, the local fire authority is a fire district or special service district organized to provide fire services. Unlike a fire department, which is typically part of a city or county government, a fire district operates independently under the direction of a locally elected board. Many jurisdictions have established a memorandum of understanding between the local fire authority and the building official that allows the building official to determine and approve fire safety requirements. In circumstances where the fire authority is separate from city or county government and no MOU established, applicants should contact the local fire authority early in the planning stages of a PV installation to determine if there are any unique requirements or approval process within the specific jurisdiction. In 2008, the California Office of the State Fire Marshal released a final draft guideline related to solar PV roof installations. This document was developed through collaboration with local fire departments and the solar industry with safety as the principal objective. The guideline s intent was to provide the solar industry with information to aid in designing, building and installing PV systems to meet this objective. 1 Other requirements for higher classification may apply. Also see California State Fire Marshal Bulletin and addendum. 14 California Solar Permitting Guidebook

17 Portions of the 2008 State Fire Marshal guideline were adopted into the 2012 International Fire Code and are included in the 2013 California Building, Residential and Fire Codes. Permit applicants should contact the local fire authority to determine if specific fire safety requirements beyond current state regulations have been adopted in the local jurisdiction. Planning and Zoning As noted earlier in this guide, California cities and counties have authority to adopt laws that govern local land use, but are limited from restricting solar energy systems where energy is being generated for use on-site. Local governments have more latitude to determine where large, commercial energy generation can be located within their communities. For commercial solar energy projects, developers should determine what if any local plans, laws or regulations govern where the project can be located. Site Inspection After a solar energy system is installed, an inspector from the local enforcing agency physically inspects the installation. This field inspection is the last step before final project approval is granted by the local enforcing agency (note that a PV system cannot begin operating until it has received approval from both the local enforcing agency and the local utility). The field inspection ensures the solar energy system has been installed properly and according to the approved plans. Some local governments conduct rough or preinspections to ensure, for example, that roof penetrations are compliant with code or other requirements. Others may inspect the structural integrity of a building prior to installation. Inspections focus on verifying that an installation is compliant with applicable building code, electrical code and fire safety requirements. To ensure building code compliance, an inspection will verify proper material selection, soundness of structural attachment to the roof or ground and that all components are securely fastened. Inspection of a solar PV installation s electrical system often focuses on wiring methods, circuit protection, grounding and safety signage. To ensure fire safety of a solar PV installation, the inspection verifies labeling of equipment to limit firefighter exposure to electrical voltage, space for firefighters to access the building or structure and limitations in roof installations due to firefighting suppression techniques. Currently, inspection standards for solar energy systems can differ among jurisdictions due to differing interpretations of code standards and inconsistent expertise among field inspectors. Permit applicants should ask the local enforcing agency to provide a clear explanation of what the on-site inspection will entail, including what elements of the system the inspector will examine. This Guidebook provides a set of standard inspection criteria, which will eliminate much of this variation if adopted by jurisdictions. Local enforcing agencies also schedule and execute site inspections differently. Many jurisdictions are able to complete a site inspection within one or two days of notice that construction of the solar installation is completed, while others may take longer. Similarly, some enforcing agencies are able to predict a narrow window of time within which an inspector will visit a property, which saves the permit applicant s time and money, while other agencies are less precise. Enforcing agencies should work to minimize the delay between the permit approval and site inspection and to minimize the inspection window. Finally, enforcing agencies should strive to eliminate rough or preinspections and, instead, ensure compliance with all applicable rules and requirements during the final inspection. Local Utility Approval (Solar PV systems only) All solar PV installations need the local utility s approval to link into the electricity grid, a process commonly referred to as interconnection. This interconnection approval must be granted before a solar PV installation Part 2: The Project Approval Process 15

18 is allowed to operate and is completely separate from local government approval for the solar installation. Interconnection approval ensures that a solar installation will safely connect and operate on the electricity grid. Understanding the utility s requirements and process is very important. Permit applicants should contact the local electric utility at the beginning of the project planning stage. Utilities provide information about required interconnection agreements and can also provide information about available financial rebates or incentives. A permit applicant may also apply to the local utility for incentives available for new solar systems under the California Solar Initiative. To qualify for rebates or other incentives, property owners may be required to complete an energy audit before installing a PV system. California s local utilities differ regarding when they require or allow filing an interconnection application during the local enforcing agency review process. Electric utilities may require or request that a contractor submit their application to the utility for review before a building permit is issued by the local city or county. Also, utilities may require one or more on-site inspections of the project before approving the interconnection agreement. This inspection process is completely different from an inspection performed by the local permitting agency. The Public Utilities Code requires that all electric utilities respond within 30 working days after receiving a completed application for interconnection. To help ensure an application is considered complete when first submitted, permit applicants should contact their electric utility to learn the specific information and forms that must be included in the application. Each utility provides information on its process for interconnection approval for solar PV installations on its website. The Resources section of this Guidebook provides weblinks to this information for the state s largest utilities. QUICK TIPS FOR CONTRACTORS & PROPERTY OWNERS WHEN APPLYING FOR A PERMIT Permit applicants can save time and money by following these tips. Take time to review permit requirements of the local jurisdiction Permitting rules and processes differ among different cities and counties. Understanding all local requirements will allow permit applicants to submit a complete and accurate permit application packet the first time. Contact the local electric utility early in the permitting process (solar PV installations) Local electric utilities have a completely separate approval process from the local jurisdiction s permitting process. Some electric utilities may require that the solar project be reviewed before the local jurisdiction issues a building permit. Pursuing utility approval early in the permit process enables the solar PV system to become operational as soon as possible. Make sure that the solar installation that is built matches the submitted plans The on-site inspector will verify that the installation aligns with proposed plans and any changes may require corrections and additional inspections. 16 California Solar Permitting Guidebook

19 QUICK TIPS FOR LOCAL PERMITTING AGENCIES Local agencies can save valuable staff time and resources by following these tips. Provide clear written instructions on the permitting process Making this information available on the Internet and at the department s counter are low-cost ways to reduce errors by permit applicants. Take advantage of information technology Online or electronic application submittal and permit issuance, including use of e-signatures, can minimize or eliminate backlogs at the counter and, thus, free up staff time to focus on more complex permit applications. Use standardized forms Using standard forms that permit applicants simply fill out simplifies review for staff and reduces the possibility of omitted information. Consider hosting contractor training events Partnering with the solar contractor community to train contractors on proper permit submittals represents a small investment of time that may avoid hours of staff work processing flawed permitting applications. Standardize requirements across jurisdictions Using common permit materials, such as checklists and standard plans, across city and county lines reduces permit submittal errors among contractors working throughout a region. Part 2: The Project Approval Process 17

20 3 Part RECOMMENDATIONS FOR EXPEDITED PERMITTING FOR SMALL PV SYSTEMS A streamlined, expedited permit process for small solar PV systems that simplifies and consolidates the structural, electrical and fire review of the PV system, can eliminate the need for detailed engineering studies and avoids unnecessary delays. Many local governments in California have already taken steps to streamline solar permitting realizing resource savings and increased throughput. These efforts have helped to inform the following recommendations. A streamlined permit process for solar PV projects 10 kw or less includes, but is not limited to, the following elements. Use of a simple eligibility checklist to determine whether projects qualify for expedited permitting and requisite written materials. Use of a standard plan to describe the proposed solar PV project in the permit application. A standard plan reduces applicant errors and can simplify review. Permit application materials are made available through the Internet. Application submittals, fee payment, signatures and permit issuance are completed electronically, where capability exists. A streamlined process for structural review. For eligible projects, plan review and permit issuance are completed over the counter for walk-in applications or electronic submittals, or automatically through online software. If over-the-counter approval is not offered, a maximum timeframe of 1-3 days in which to review the permit application is provided. A streamlined inspection process for solar PV systems should include the following. A single, final inspection coordinated among the various agencies or for inspections by multiple agencies to occur at the same time. Typically this involves coordination between the building department and the local fire authority. Use of a concise inspection list that provides permit applicants a clear understanding of what elements of the solar installation will be inspected before final approval of the installation. Enable inspection requests to be submitted online or electronically. Provide for on-site inspection during the next business day after notification that the solar system has been installed. If next business day not possible, schedule inspection within five days. Provide a scheduling time window for on-site inspection of no more than two hours, and utilize phone and/or communication to provide information on anticipated inspection time. The most streamlined permit process also ensures close coordination between the building department and the local utility to coordinate on-site inspections. 18 California Solar Permitting Guidebook

21 The model streamlined permit process recommended in this section is intended to apply to PV systems with a maximum power output of 10 kw or less that meet certain criteria. As PV systems increase in size and complexity, the ability to handle these projects via a standard framework diminishes. However, it should be noted that larger PV systems or installations with complicating factors can still be approved in a timely manner through a clear and efficient permit review process. It is not the intent of an expedited process to circumvent the engineering process. Rather, the intent of a streamlined process is to recognize the similarities among these smaller systems and establish guidelines to determine when a PV project is within the boundaries of typical, well-engineered systems. Efficient permitting requires cooperation among local permitting staff and solar contractors. Many local enforcing agencies have provided informational training for agency staff and solar contractors to explain local requirements and vice versa. This training has resulted in better educated staff and contractors, reducing permit application errors and saving time and resources for the local permitting agency. PV Toolkit for Local Governments The seven template documents provided in this section form an optional toolkit that local governments can utilize to reduce their costs of permit review, approval and inspection, and to ensure a predictable and efficient process for permit applicants. Assembly Bill 2188 (2014, Muratsuchi) requires local governments to adopt an expedited permitting process that substantially conforms with the process outlined in this Guidebook. According to the bill s author: The term substantially conform is intended to allow local governments enough flexibility to address potential changes that they believe are necessary while still meeting the goal of streamlining and standardizing solar permitting. Further, AB 2188 states that local governments may modify the Guidebook, if necessary, due to unique climatic, geological, seismological or topographical conditions. These modifiers are intended to provide additional flexibility for local governments and are not intended to limit how the cities and counties substantially conform to the Guidebook. The author further notes that this flexibility is also intended to allow jurisdictions to make any changes necessary to reflect the operational needs of local fire departments or districts. The templates in this toolkit can be adopted in many jurisdictions with only minor administrative adjustments. However, building officials should review these documents and the assumptions on which they are based, and make further modifications as necessary to meet the needs of their jurisdiction. Jurisdictions are not required to notify the Building Standards Commission of modifications to these documents when adopted. Templates for streamlining permitting of small systems (10 kw or less) on one- and two-family homes Submittal Requirements Bulletin Outlines the necessary steps to secure permits and details what materials must be submitted in the permit application and key points of the on-site inspection. Eligibility Checklist Defines the size, electrical, structural and fire safety requirements for solar installations to qualify for streamlined permitting. Standard Electrical Plans Enable applicants to fill in the blanks to explain the electrical configuration of a solar PV system. This toolkit offers two simplified standard plans that can be used for small solar PV installations: one for systems using a central/string inverter and another for systems utilizing microinverters. Comprehensive standard plans for central/string inverter and for Part 3: Recommendations for Expedited Permitting for Small PV Systems 19